SHRI KHANDELWAL DIAMONDS PRIVATE LIMITED,JAIPUR vs. ACIT, CIRCLE 1, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: Him On The Reason Of Issuing Notice U/S 148 On Borrowed Satisfaction Of Another Wing Of The Department.

43,831 which amounts to 9.42% in the first year of business and such declared income was absolutely reasonable and there was no reason to doubt the purchases made by the appellant from 3 parties. Botht ehe lower authorities erred serioluly in not appreciating this factual position of the appellant. The purchases doubted by the ld. AO are only

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4, JAIPUR, JAIPUR vs. SUNDER DAS SONKIYA, JAIPUR

In the result, both appeals of the revenue are dismissed

bogus purchases. The AO had disallowed 25% of purchases amounting to Rs. 43,33,606/- on the basis that these purchases were unverifiable.", "held": "The Tribunal held that the addition was not justified. It noted that the assessee had provided purchase invoices, VAT registration numbers, PANs, and payment confirmations. Furthermore, the Tribunal considered the consistently declared Gross Profit (GP) rates

ALKA KHANDAKA,JAIPUR vs. INCOME TAX OFFICER WARD 1(2), JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus bill being raised by you time and again as instilled fear in the minds of the businessmen and in turn it is leading to collapse of the trade in city of Jaipur. 4.2 Even the banker has to be satisfied when one opens a bank account, identity is obtained, complete particulars are obtained, all payments are by account payee

SHRI SUNDER DAS SONKIA,JAIPUR vs. ITO, WARD 1(2), JAIPUR

In the result, the appeal of the assessee is allowed partly and the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1383/Jp/2019 Assessment Year: 2010-11 Shri Sunder Das Sonkia, Cuke I.T.O., Vs. Sonkia Bhawan, Sms, Highway, Ward-1(2), Jaipur. Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 09/Jp/2020 Assessment Year: 2010-11 I.T.O., Cuke Shri Sunder Das Sonkhiya, Vs. Ward-1(2), Prop.- M/S Naveen Jewellers, Jaipur. Sonkhiya Bhawan, Chaura Rasta, Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca) & Shri Rajnikant Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeal Filed By The Assessee & The Cross Appeal Filed By The Revenue Arise Against The Order Of The Ld. Cit(A)-4, Jaipur Dated 08/11/2019 For The A.Y. 2010-11. The Grounds Taken By The Assessee & The Revenue Are As Under:

43,373/- in the nature of bogus purchases from four companies. The A.O. has not examined the information received by him to verify whether assessee has made any purchases from these parties and whether the same is reflected in the accounts or not. The reasons recorded are vague, all consequent proceeding are also illegal and invalid. The AO mechanically

SHIVAM READYMIX PRIVATE LIMITED,NEEMUCH vs. THE PCIT(CENTRAL), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

bogus purchases as compared to G.P. on normal purchases In the present case also, since the ld. AO has examined the profit worked out on unaccounted purchases and has accepted such working prepared by assessee by observing that : “It is also submitted that assessee company has now offered the additional undisclosed income based on GP rate of its business activity

DURGA PRASAD SHARMA,JAIPUR vs. I.T.O. WARD 1(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

43 and 44 17. 26.10.2017 SVMS/2017-18/GST/1337 6,67,060 952 T20171000305405 47 to 48 Also weight slip Total purchases including GST @ 18% 1,05,06.669* * Purchase price without GST is Rs.89,03,956/- i.e. 105,06,669X100 */. 118) The other documentary proofs proving genuine purchases and sales are: S. No. Nature of records P.B. page 1. Purchase / sales of goods

SHRI PREM INDUSTRIES,BHARATPUR vs. INCOME TAX OFFICER WARD-1, BHARATPUR

The appeal is disposed of, and the matter is remanded to

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

section 133(6) of IT Act, none of the two entities-sellers respond thereto. (iii) When the two entities did not respond to the notices, and this fact was brought to the notice of the assessee, it did not take any step to secure presence of officers or concerned officials of the said two entities, before the Assessing Officer with

FINESSE JEWELS PRIVATE LIMITED ,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE 1, JPR, JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalfinesse Jewels Private Limited, A-467 Jaipur, Vidhyut Nagar, Jaipur, Ajmer Road- 302 021. Pan No.: Aabcf 4438R ..... Appellant Vs. Dcit, Circle-1, Jaipur – 302 021. ..... Respondent

43,360/-, case of the assessee was assessed in scrutiny u/s. 143(3)/147 at a figure of Rs. 39, 19,880/- by making an addition of Rs. 12,20,250/-. This addition was made on account of disallowance @ 25% on alleged bogus purchase of Rs. 48,81,000/- and commission paid on the same @ 2% amounting

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

Bogus Purchase and ESI/PF 2014-2015 Claiming Deduction Deduction allowed SCN: 244-247 [PBII] (Reassessment) U/s 10AA by dividing Reply: 248-251 [PBII] AO: 17.12.18 expenses at Order: 122-139 [PBII] proportionate basis 2015-2016 Claiming Deduction Deduction allowed Notice: 252-255[PBII] (Reassessment) U/s 10AA by dividing Reply: 256-259 [PBII] AO: 17.12.18 expenses at Order

VIKAS DUGAR,JAIPUR vs. ACIT, CEN CIRCLE-2 JAIPUR, JAIPUR

In the result the appeal filed by the assessee is allowed

Bench: The Actual Hearing Of The Case.”

43,144.00 made on account of bogus credit entry was not challenged. The Hon'ble ITAT vide ITAT no. 530/JP/2018 dated 07-08-2018 restored the matter to the file of AO to decide the same afresh. Copy of ITAT order placed at page no 19-26 of paper book.) The Hon'ble ITAT held that: "various documents in support

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

purchases in relation to such sale is not taxed u/s 69C, then the sale has to be taxed as such ignoring that when profit from Raja Bricks is already taxed, such profit is the source against the purchase of sariya and gartar sold to various persons. Hence what can be added is the profit on such sale for which reliance

ACIT, CENTRAL CIRCLE, ALWAR vs. SH. TARA CHAND GUPTA, ALWAR

In the result the appeal filed by the revenue in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

purchases in relation to such sale is not taxed u/s 69C, then the sale has to be taxed as such ignoring that when profit from Raja Bricks is already taxed, such profit is the source against the purchase of sariya and gartar sold to various persons. Hence what can be added is the profit on such sale for which reliance

LUNAWAT GEMS CORPORATION,JAIPUR vs. DY. CIT, CIRCLE-2, JAIPUR , JAIPUR

29. In view of the above discussion, the appeal filed by the assessee deserves to be dismissed

Bench: this Tribunal by way of ITSSA No. 13 & 14/JP/2003. The assessee filed cross-objections i.e. CO No. 20/JP/2003 and CO No. 21/JP/2003. Hon'ble ITAT Tribunal upheld the decision given by Learned CIT(A) regarding deletion of above said two additions. That is how, the Department felt dis-satisfied, and as such preferred D.B. Income Tax Appeal No. 195/2004 before the Hon'ble High Court. 7. Hon'ble High Court, vide order dated 02.11.2016, disposed of the

section 143(3) of the Income Tax Act (hereinafter referred to as “Act”), at Rs. 87,45,810/- on the basis of the following two additions as under:- “* Addition of Rs. 44,07,287/- on account of bogus purchases from various concerns. * Addition of Rs. 43

SATYA NARAYAN ,BHARATPUR vs. ITO WARD 1, BHARATPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपील सं. / ITA No. 1434/JP/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Satya Narayan बनाम Income Tax Officer, Prop. M/s Shiv Charan Lal Satya Vs. Ward -1, Narayan, Navin Mandi Yard, Nadbai, Bharatpur Bharatpur स्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.: AAPPN9055M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Ashish Khandelwal, CA राजस्व की ओर से/Revenue by: Sh. Anup Singh

43, 32,675 /- vis-à-vis purchase in Books of Rs. 42, 18,983 / vis purchase in Books of Rs. 42, 18,983 /- [Kindly Refer Pg No. 132 [Kindly Refer Pg No. 132-133 Excel, 150-153 (133_6) 141 AIS /178 153 (133_6) 141 AIS /178-179 2A of PB] That the ld AO observed difference

PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

bogus which shall be reduced from sales shown by the appellant for the year. Closing Stock 5,25,60,282.42 5,25,60,282.42 CIT(A) made no findings for closing stock which means he has accepted stock . Total Credit side 26,95,43,458.98 20,18,84,458.98 Trading Account Debit side Opening stock 3,43

ACIT, CIRCLE-2, ALWAR vs. SEWA STEEL PVT. LTD., BHIWADI

In the result, the appeals of the Revenue are partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No.573& 181/JP/2017 fu/kZkj.ko"kZ@AssessmentYear : 2012-13& 2013-14 The ACIT Circle-2, Alwar cuke Vs. M/s. Sewa Steel Pvt. Ltd. E-90-C, Industrial Area, Tijara Bhiwadi, Distt. Alwar (Raj) LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCS 4307 D vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksjls@Revenue by: Shri Laxman Singh, Addl. CIT fu/kZkfjrh dh vksjls@Assesseeby : None lquokbZ dh rkjh[k@Date

Section 43(1)of the Act to reduce the amount of investment subsidy of Rs.39,45,868/- from cost of fixed assets for the purpose of calculation of depreciation allowable to the assessee as a deduction.’’ 2.0 It is pertinent to mention that the intimation was sent by the Registry by Registered Post to the assessee to its last known

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

purchases and\nassessee is one of the beneficiaries who has carried out bogus transaction with\nM/s DRAIPL to the extent of Rs.6,46,31,000/- in the relevant assessment year\nand accordingly reached to the satisfaction that income to this extent has escaped\nassessment.\n\nFrom perusal of above, it is crystal clear that information, based on which notice\nu/s

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. NARESH KUMAR GUPTA, SRIGANGANAGAR

In the results the appeal of the revenue stands dismissed and the

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

bogus purchases can be added to arrive at the net income of the appellant. The appellant is a trader and not a manufacturer of the oil in which the appellant is dealing. The books of accounts of the appellant have been rejected in the assessment order. During the survey proceedings the appellant has already offered an additional income of Rs.1